What does the law say about leaving the state for a vacation?

Thankfully, the form Parenting Plan in Florida gives us a good format for what the Courts want for parents to agree on for out-of-state and out-of-country travel. Here is the language from the Parenting Plan:

Foreign and Out-Of-State Travel {Indicate all that apply}

a. Either parent may travel within the United States with the child(ren) during his/her time-sharing. The parent traveling with the child(ren) shall give the other parent at least (YOU FILL IN THE BLANK) days written notice before traveling out of state unless there is an emergency, and shall provide the other parent with a detailed itinerary, including locations and telephone numbers where the child(ren) and parent can be reached at least (YOU FILL IN THE BLANK) days before traveling.

b. _ Either parent may travel out of the country with the child(ren) during his/her time-sharing. At least (YOU FILL IN THE BLANK) days prior to traveling, the parent shall provide a detailed itinerary, including locations, and telephone numbers where the child(ren) and parent may be reached during the trip. Each parent agrees to provide whatever documentation is necessary for the other parent to take the child(ren) out of the country.

c. _ If a parent wishes to travel out of the country with the child(ren), he/she shall provide the following security for the return of the child: (YOU FILL IN THE BLANK)

That is the normal language in the parenting plan, so it’s more about notice, less about consent. You could both agree to stronger or weaker language, but this is the normal way the court goes with out-of-state and out-of-country travel.

So when you are trying to determine what Florida wants your Parenting Plan and Time-sharing agreement to say about leaving the state or country for a vacation when you share custody or time-sharing with the child’s other parent, the best place to look is the Florida Form Parenting Plan. Again, if you have already agreed to different language or the Judge has ordered different terms, that is what you should abide by.

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